Man dies in custody of Cornelius police
From The Oregonian, April 10, 2010
A man who Cornelius police confronted after a report that he was behaving erratically has died while in custody.
Daniel Barga
Cornelius police were called to a house in the 3000 block of North Irvine Street at 3 a.m. Saturday after a resident reported a disturbance in the backyard. The homeowner told officers he had been confronted by a partially clothed white man in his early 20s. The man was erratic and violent, police said.
The police officer then contacted the man, who was covered in blood and being uncooperative, police said. The officer tried to use his Taser but it had no effect. The man resisted the officer and headed east down North Irvine Street to North 31st Street, disregarding the officer’s commands, police said. Two Forest Grove Police Department officers were called to assist.
The officers continued to attempt to take the man in custody by using Taser and pepper spray, police said. The man continued to resist and stopped breathing while being taken into custody. Crews from the Cornelius Fire Department and Metro West Ambulance then the man to a hospital. He later was pronounced dead.
An autopsy is scheduled and will include a toxicology analysis.
Cornelius police release the name of the man who died while in custody
From the Oregonian, April 12, 2010
Police on Monday identified a 24–year-old man who died while in custody early Saturday morning, but released few other details about the incident.
Daniel Joseph Barga, of Cornelius, died after being taken into custody following a disturbance at a residence in the 3000 block of North Irvine Street, police said. The names of a Cornelius officer and two Forest Grove police officers involved in the arrest have not yet been released. The officers remain on standard administrative leave, according to police.
Authorities have not released the police report for the incident, which the Washington County Inter-Agency Major Crimes Team is investigating. The State Medical Examiner’s office conducted an autopsy Sunday, but no cause of death has been determined, according to police. Neither the state nor the Washington County medical examiners could be reached Monday.
Although results from a toxicology test will not be available for several weeks, police said both the autopsy and the investigation lead them to believe that Barga was under the influence of psilocybin mushrooms during the incident, said Cornelius Police Commander Ed Jensen.
Police responded to the house at about 3 a.m. Saturday after Patricia and David Zumwalt found Barga in their backyard partially clothed and covered in blood, apparently from running through blackberry bushes. David Zumwalt said Barga confronted him and was behaving erratically and threatening violence.
“It was like he was just wired,” Zumwalt said.
Patricia Zumwalt said Barga was throwing chairs into the bedroom door trying to break into their home.
“He was trashing everything in sight, and yelling, ‘Let me in,'” Patricia Zumwalt said.
When the officer arrived, the Zumwalts said Barga was in their sideyard attempting to pull up a shrub. The Zumwalts both praised the way the Cornelius officer handled the situation. David Zumwalt said he was right by the officer’s side as he tried to calm Barga down.
“He was just so thorough and polite,” he said. “It was very well handled. I just can’t say enough about it.”
David Zumwalt said the officer wasn’t forceful and repeatedly tried to grab Barga’s T-shirt to calm him down. Zumwalt said Barga would not obey the officer’s commands, and after repeated attempts to get Barga to cooperate, the officer used a Taser, which delivers a 50,000-volt shock, in an effort to subdue Barga. But the stun-gun had no effect, police say. Zumwalt said Barga muttered “damn, that hurt” and then continued his erratic behavior.
Police say Barga resisted as the officer tried to wrestle him to the ground. Barga then bolted down North Irvine Street toward North 31st Street, ignoring commands to stop, police said.
Two officers from Forest Grove were called to assist and joined the chase. The Zumwalts said they did not observe the interaction between police and Barga once they moved down the street, and did not see police take the Barga into custody.
Police say the officers continued attempts to stop Barga, using Tasers and pepper spray, but he resisted. He then stopped breathing while being taken into custody, police say. Medics transported Barga to a hospital, where he was later pronounced dead.
Jensen said he did not know the number of times Barga was “tased” during the incident. Jensen also did not know if Barga was put in handcuffs or if any specialized holds were used to subdue him.
Patricia Zumwalt said police interviewed her and her husband and then told them that Barga had died while in custody.
“He had no idea what he was doing or where he was — poor unfortunate young man,” David Zumwalt said of Barga.
Said Patricia Zumwalt: “I don’t know what kind of demons were chasing him, but he was obviously lost. We’re sorry somebody lost their child.”
Cornelius police release names of officers involved in police custody death
From the Oregonian April 13, 2010
Police have released the names of three officers involved in the police custody death of a 24-year-old Cornelius man.
Cornelius officer Mark Jansen, a 14-year law enforcement veteran and Taser instructor for the department, was the first officer to arrive on scene, according to police. Forest Grove police Sgt. Dean Foster, a 25-year law enforcement veteran, and officer Scott King, a nine-year law enforcement veteran, were called to assist Jansen with the man.
Daniel Joseph Barga, of Cornelius, died after being taken into custody following a disturbance at a residence in a subdivision in the 3000 block of North Irvine Street, police said.
The State Medical Examiner’s office conducted an autopsy Sunday, according to police. Both the autopsy and the investigation lead detectives to believe that psilocybin mushrooms were a factor in the incident, police said. Results from a toxicology test will not be available for several weeks, police said.
Police were reportedly called to a house in the upscale subdivision at about 3 a.m. Saturday after a report of a disturbance in the backyard. The homeowner told Jansen that a partially clothed man had confronted him, and was behaving erratically and threatening violence, police said.
Jansen found Barga in the backyard covered with blood and refusing to cooperate. Jansen used a Taser, which delivers a 50,000-volt shock, in an effort to subdue Barga. But the stun-gun had no effect, police said.
Barga reportedly resisted as Jansen tried to wrestle him to the ground. Barga then bolted and ran down North Irvine Street toward North 31st Avenue, not following the Jansen’s commands to stop, police said.
Foster and King were called to assist and joined the chase after Barga, police said. The officers continued attempts to stop Barga, using Tasers and pepper spray, but he resisted. He then stopped breathing while being taken into custody.
Medics transported Barga to a hospital, where he was later pronounced dead.
Cornelius man who died in police custody is remembered by friends and family
From The Oregonian, April 15, 2010
Friends of the 24-year-old Cornelius man who died while in police custody note the man’s sense of humor and fun-loving nature.
Daniel Joseph Barga, 24, died while in Cornelius police custody, following a disturbance at a residence in the 3000 block of North Irvine Street early Saturday morning.
Authorities have not released many details about the incident, including Barga’s cause of death. But Washington County District Attorney Bob Hermann said based on the investigation, it is highly unlikely that the case will be presented to a grand jury for its review.
County prosecutor Robert Bletko is reviewing the case, which the Washington County Inter-Agency Major Crimes Team is investigating.
Police say they believe Barga was under the influence of psilocybin mushrooms at the time of the incident, but results from a toxicology test will not be available for several weeks, authorities said.
A funeral service for Barga was held Thursday.
Barga was home-schooled for the majority of his education, but he attended Forest Grove High School as a junior and senior, according to Fuiten Rose & Hoyt Funeral Home. On Feb. 2, 2006, Barga married Amber Bannick, whom he dated in high school, and he spent several years making pizza at WinCo Foods, the funeral home said.
Nick Benson, who said he had been friends with Barga for nine years, struggled to describe Barga’s personality and what made him special.
“If you took everyone great you know and put them in a ball, it still wouldn’t be Dan,” the 24-year-old said. “He was three times the man I am.”
Twenty-two-year-old Joan Young, who had known Barga since her freshman year in high school, said Barga’s friends were also his family. Young recalled Barga’s ability to make everyone smile no matter the circumstances.
“He brought everyone together,” she said. “He was the glue to the molding.”
Young, who was Barga’s neighbor, said she had some of the best moments of her life while living next to her friend. Young said she and Barga enjoyed being outdoors and together took trips to the coast and to California.
Both Young and Benson said Barga never aged.
“He was immature, but in such a good way,” Young said. “He was forever a kid.”
Benson said he has faced a great deal of uncertainty in his life, but he said he was always certain that Barga would be part of his life.
“He’s all I ever thought I needed in the world,” he said. “I hope I can make it through without him – without my best friend.”
Barga is survived by his wife; his parents, Delbert and Kathleen Barga; his siblings, Rae Ann Weber, Elijah Barga, and Shoshanah Barga.
Cornelius and Forest Grove officers involved in police custody death to return to duty
From The Oregonian, April 20, 2010
Three officers involved in the in-custody death of a 24-year-old Cornelius man have been cleared to return to active duty, the Washington County District Attorney’s Office confirmed Tuesday.
Daniel Joseph Barga died after being taken into custody following a disturbance at a residence in a subdivision in the 3000 block of North Irvine Street, police said. After the incident, the officers were placed on standard administrative leave.
Cornelius Officer Mark Jansen, a 14-year law enforcement veteran and Taser instructor with the department, was scheduled to return to work Wednesday, but injured his back while on administrative leave, said Cornelius Police Commander Ed Jensen. Forest Grove Police Sgt. Dean Foster, a 25-year law enforcement veteran, and Officer Scott King, a nine-year law enforcement veteran, also are scheduled to return to work this week, Forest Grove Police Capt. Jeff Williams said.
Washington County District Attorney Bob Hermann said based on the investigation there appears to be no criminal conduct on the officers’ part. Hermann said last week investigators determined that there was no reason for the officers to remain on leave, especially because they are from small agencies with a high need for officers. Cornelius has 13 sworn officers; and Forest Grove has 17 sworn officers, police said.
“I can’t wait to get an officer back,” said Cornelius Police Chief Paul Rubenstein. “There’s no indication of wrongdoing on any of the officers’ sides. We want to know why someone died just like everyone else.”
No cause of death has been released in the case, pending the completion of a toxicology test, authorities said. Police say they believe Barga was under the influence of psilocybin mushrooms at the time of his death, but the results from the toxicology test still may not be available for weeks, authorities said.
County prosecutor Robert Bletko is reviewing the case, which the Washington County Inter-Agency Major Crimes Team is investigating. Hermann said that the investigation has evolved into a death investigation, and the major crimes team was originally called because authorities didn’t know whether or not deadly force had been used during the incident.
Hermann said based on the investigation it is highly unlikely that the case will be presented to a grand jury for its review.
Police were reportedly called to a house in the upscale subdivision at about 3 a.m. April 10, after a report of a disturbance in the backyard. The homeowner told Jansen that a partially clothed man had confronted him, and was behaving erratically and threatening violence, police said.
Jansen found Barga in the backyard covered with blood and refusing to cooperate, police said. Jansen used a Taser, which delivers a 50,000-volt shock, in an effort to subdue Barga, police said. But the stun-gun had no effect, police said.
Barga reportedly resisted as Jansen tried to wrestle him to the ground, according to police. Barga then bolted and ran down North Irvine Street toward North 31st Avenue, not following Jansen’s commands to stop, police said.
Foster and King were called to assist and joined the chase after Barga, police said. The officers continued attempts to stop Barga, using Tasers and pepper spray, but he resisted, police said. He then stopped breathing while being taken into custody.
Medics transported Barga to a hospital, where he was later pronounced dead.
State Medical Examiner releases cause of death of Cornelius man who died in police custody
From The Oregonian, May 03, 2010
The state Medical Examiner’s office has released the cause of death for a 24-year-old Cornelius man who died while in police custody.
Daniel Joseph Barga died April 10 from “excited delirium” due to the toxic effects of psilocybin, or hallucinogenic mushrooms, said Dr. Karen Gunson, state medical examiner. Gunson said generally people experiencing excited delirium constantly demonstrate purposeless violent activity; have incoherent speech; don’t respond to stimuli, such as pain, in a normal way; experience hallucinations; and die from a misbeat of their heart.
Gunson said Barga would not have died if he hadn’t used the mushrooms.
“This is what triggered his peculiar behavior,” Gunson said.
Excited delirium cases are generally seen in people who are schizophrenic, experience manic phases or who have used cocaine, methamphetamine or mushrooms, Gunson said. People who are experiencing excited delirium become stimulated, Gunson said, and often become extremely warm with increased sweating.
Gunson said excited delirium can be part of a restraint death, such as when officers restrain suspects on the ground to handcuff them. But, Gunson said, there was no evidence of a restraint death in Barga’s case. Gunson said the medical examiner’s office carefully reviews what witnesses, police and medics say to determine whether a person died from restraint because there often isn’t evidence on the body.
Barga died after being taken into custody following a disturbance in the backyard of a home in a subdivision in the 3000 block of North Irvine Street, police said. The homeowner told Cornelius Officer Mark Jansen that a partially clothed man had confronted him, and was behaving erratically and threatening violence, police said.
Jansen found Barga in the backyard covered with blood and refusing to cooperate, police said. Jansen used a Taser, which delivers a 50,000-volt shock, in an effort to subdue Barga, police said. But the stun-gun had no effect, police said.
Barga reportedly resisted as Jansen tried to wrestle him to the ground and bolted down North Irvine Street toward North 31st Avenue, not following Jansen’s commands to stop, police said. Forest Grove Sgt. Dean Foster and Officer Scott King were called to assist and joined the chase after Barga, police said. The officers continued attempts to stop Barga, using Tasers and pepper spray, but he resisted, police said.
Barga then stopped breathing while being taken into custody. Medics transported Barga to a hospital, where he was later pronounced dead.
Washington County District Attorney Bob Hermann said last month that based on the investigation there appears to be no criminal conduct on the officers’ part. They were cleared to return to duty in mid-April.
County prosecutor Robert Bletko is reviewing the case, which the Washington County Inter-Agency Major Crimes Team is investigating. The investigation will be completed after the district attorney’s office receives the autopsy report, which includes results from the toxicology test, Bletko said Monday.
Cornelius man who died in police custody went on mushroom-fueled rampage, reports show
From The Oregonian, June 05, 2010
On the April evening before he died, Daniel Joseph Barga was eager to try mushrooms while watching the Disney classic “Alice in Wonderland.”
But soon after taking the hallucinogenic drugs, the 24-year-old man became “weird and silent” his brother and roommate, Elijah Barga, told police.
Daniel Barga became combative and destructive; he tore down curtains, pulled out bathroom drawers, took off his clothes, urinated on the floor, and scuffled with his brother and a neighbor at their Davis Court duplex in Cornelius, according to investigative reports released by the Washington County district attorney’s office.
Elijah Barga frantically called his parents at about 2:35 a.m. to tell them about his brother’s violent behavior, according to police. Daniel Barga, wearing only a T-shirt and one sock, ran from his residence at about 2:45 a.m.
About 10 minutes later, Barga found his way into the backyard of a home in the 3000 block of North Irvine Street –less than a half mile away from his residence, police said. He shattered the glass top to a patio table, overturned chairs, and uprooted plants.
By the time police arrived, he was covered in blood and combative, charging officers and shrugging off pepper spray, Tasers and control holds, the reports show. Finally, officers wrestling with him on the ground handcuffed him.
Barga fell silent, then stopped breathing. Paramedics couldn’t revive him at the scene or in the ambulance. Nineteen minutes after arriving in the emergency room of Tuality Community Hospital in Hillsboro, Barga was pronounced dead.
The three officers involved in the April 10 in-custody death will not face criminal charges, the district attorney’s office announced Tuesday.
Cornelius Officer Mark Jansen and Forest Grove Sgt. Dean Foster and Officer Scott King, were placed on standard administrative leave, but were cleared to return to duty by mid-April.
The Washington County Inter-Agency Major Crimes Team investigated the incident and Chief Deputy District Attorney Rob Bletko reviewed the investigation. The major crimes team was called out because authorities knew few details about the incident, including whether deadly force had been used, said Bletko, who responded to the scene of the incident and attended Barga’s autopsy. Once authorities learned more details, the investigation turned more into a death investigation, Bletko said.
“Mr. Barga displayed unusual strength, endurance and resistance to pain while resisting arrest,” Bletko wrote in a June 1 letter addressed to both departments’ chiefs. “Officers Jansen and King, and Sgt. Foster all used appropriate and reasonable force in taking Mr. Barga into custody; their action did not cause the death of Mr. Barga.”
Officers used a Taser on Barga seven times and pepper spray once during their attempts to take him into custody, according to reports from the investigation.
State Medical Examiner Dr. Karen Gunson determined last month that Barga died from “excited delirium” due to the toxic effects of hallucinogenic mushrooms. The autopsy showed that prior to his death, Barga had consumed a large amount of mushrooms. Gunson’s autopsy found no traumatic injuries that could have caused Barga’s death, and no evidence that he suffered injuries from any specialized police holds.
When homeowner Patricia Zumwalt called 9-1-1 at 2:56 a.m., she initially thought two males were fighting in her backyard, banging on the windows and trying to get into the home, according to the call tape. Police later determined that Barga had been the only suspect in the Zumwalt’s yard.
Jansen, the first officer to respond, found Barga partially clothed and covered in blood from running down a slope with bramble and berry vines, according to reports. After initially complying with Jansen’s commands, Barga twice charged Jansen and also grabbed and pushed homeowner David Zumwalt, according to reports. Jansen then tased Barga once, reports say, but the Taser had no effect.
Jansen chased Barga down North Irvine Street toward North 31st Avenue, where Jansen was met by the two back-up Forest Grove officers, reports say. The three officers struggled with Barga, and Foster tried using pepper spray, but it too was ineffective, reports say.
Foster then tased Barga, who fell to the ground, but continued to fight Jansen and King as they attempted to handcuff him, reports say. Foster tased him an additional five times, and Jansen and King took him into custody and called for medical units to respond, according to reports.
Barga stopped breathing a few moments after being taken into custody. None of the officers attempted CPR and medics were unable to revive him, according to reports. At 4 a.m., Barga was pronounced dead at Tuality Community Hospital.
Police interviews with family members and friends describe Barga as fun-loving, and noted his frequent use of alcohol and marijuana, according to reports.
Neither his wife, Amber, from whom he was separated, nor his family members said they were aware of Barga using drugs besides marijuana, the reports say.
Barga wished to be independent and his parents, who live in Forest Grove, only saw him a few times a year, his mother told detectives.
Kathleen Barga told detectives her son likely tried the mushrooms because he thought it would be exciting.
“He paid the ultimate price for his fun,” his mother told detectives. “Some things aren’t worth it.”
Daniel Joseph Barga
Daniel Barga
Born in Portland, Oregon on Aug. 29, 1985
Departed on Apr. 10, 2010 and resided in Cornelius, OR.
Memorial Service: Thursday, Apr. 15, 2010
Cemetery: Union Point Cemetery
Daniel was an energetic, cheerful, very intelligent young man with a quick wit and enthusiasm for life. Those who knew Daniel will remember him for his fun-loving ways, his kind heart, big smile and red hair. Daniel was home-schooled for most of his education, but went to Forest Grove High School for his junior and senior years.
Daniel married his high school sweetheart, Amber Bannick, on February 2, 2006. They made their home in the Cornelius community. He was always close with his brother, Elijah, who moved into their apartment with them.
Daniel spent many years at Winco Foods making pizza. He loved video games, skateboarding and spending time with his friends.
Daniel is survived by his wife, Amber Sue Barga; his parents, Delbert and Kathleen Barga; and his siblings, Rae Ann and her husband, Major Charles Weber, M.D., Elijah Barga and Shoshanah Barga; and his brothers-in-law, Kenneth Bannick and Michael Bannick.
The family suggest that contributions toward the memorial expenses may be made to Mr. Delbert Barga c/o Fuiten, Rose & Hoyt Funerla Home, 2308 Pacific Avenue, Forest Grove, Oregon 97116, in Daniel’s memory.